Important Facts About Medicaid: The Transfer Penalty

Another major rule of Medicaid eligibility is the penalty assessed for transferring assets. Congress does not want you to move into a nursing home on Monday, give all your money to your children (or whomever) on Tuesday, and qualify for Medicaid on Wednesday. So it has imposed a penalty on people who transfer assets without receiving fair value in return.

This penalty is a period of time during which the person transferring the assets will be ineligible for Medicaid. The penalty period is determined by dividing the amount transferred by what Medicaid determines to be the average private pay cost of a nursing home in your state. In Georgia, the number is $4,358.57. The period of ineligibility starts on the day you apply for Medicaid, if the transfer occurs within the 5-year look-back period. Example: If a Medicaid applicant gave away his house (or other asset) worth $109,000 in Georgia, he or she would be ineligible for Medicaid for 25 months ($109,500 ÷ $4,358.57 = 25). Another way to look at the above example is that for every $4,358.57 transferred, an applicant would be ineligible for Medicaid nursing home benefits for one month. In theory, there is no limit on the number of months a person can be ineligible. Example: The period of ineligibility for the transfer of property worth $349,000 would be 80 months ($340,000 ÷ $4,358.57 = 80).